California, United States of America
The following excerpt is from Childers v. Shasta Livestock Auction Yard, Inc., 190 Cal.App.3d 792, 235 Cal.Rptr. 641 (Cal. App. 1987):
As these cases (and the one before us) illustrate, the employer's liability is premised upon a sufficient showing that the employee's consumption of alcohol was a customary incident of the employment and was sufficiently of benefit to the employer to fall within the "scope of employment." (Rodgers v. Kemper Constr. Co., supra, 50 Cal.App.3d at p. 620, 124 Cal.Rptr. 143.) Once the risk (the consumption of alcohol) is shown to have been created within the
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